Probate & Letters of Administration

We can help you in your time of need

Probate and Letters of Administration

We understand that the loss of a loved one can be a distressing and difficult time. We are able to assist you through the process whether you require a Grant of Probate, a Grant of Letters of Administration or general assistance in the administration of an Estate in both ACT and NSW.

If you are not sure what the next step is, contact our office today to arrange an appointment with one of our compassionate and experienced solicitors.

If you decide to go ahead and engage our services, our fees will be $450.00 (Plus GST) per hour.

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We can provide guidance on:

Grant of Probate
Grate of Letters of Administration
Estate Administration
Estate Planning
Family Provisions Claims
Contested Wills

When do you need to engage a solicitor to discuss Probate or Letters of Administration?

You will need to contact a solicitor to establish whether Probate or Letters of Administration will be required.

Usually, Probate will be required if the deceased person left a will and owned property in their sole name or if the deceased person had assets (such as funds in the bank) exceeding $50,000.00.

Letters of Administration will be required if the deceased person left no will (see below).

What is a Grant of Probate?

A Grant of Probate is an application made to the Courts when a deceased person leaves a valid will appointing executor/s under the will.

What is Letters of Administration - with will?

Letters of Administration - with will, is an application made to the Courts when the deceased person leaves a valid will but either there is no executor named or the named executor/s are unable or incapable of making an application.

What is Letters of Administration - no will?

Letters of Administration - no will, is an application made to the Courts where the deceased person did not leave a will.

How does a solicitor assist with Probate?

Publish notice to apply for Probate
Apply to the Court
Prepare Probate documents
Attendance to sign all documents
Filing Probate documents with the Court
Give legal advice on any queries or concerns you may have about the process
Gather in and distribute the Estate in accordance with the will

How does a solicitor assist with Letters of Administration - with will?

Obtain consent from allegeable family members
Publish notice to apply for Letters of Administration - with will
Apply to the Court
Prepare Court documents for Letters of Administration - with will
Attendance to sign all documents
Filing documents with the Court
Give legal advice on any queries or concerns you may have about the process
Gather in and distribute the Estate in accordance with the will

How does a solicitor assist with Letters of Administration - no will?

Try to locate a will by writing to all institutions
Contact public trustee
Publish missing will notice with Law Society of state or territory
Wait for responses from all relevant parties
Publish notice to apply for Letters of Administration - no will
Apply to Court adhering to the rules of intestacy
Prepare Court documents for Letters of Administration - no will
Attendance to sign all documents
Filing documents with the Court
Give legal advice on any queries or concerns you may have about the process
Gather in and distribute the Estate in accordance with the rules of intestacy

Gathering in and distribution of an Estate:

Once Probate or Letters of Administration is granted, we then need to gather in the Estate. This process includes communicating with banks, superannuation providers and share companies to establish their requirements to release funds to our Trust Account for distribution to the beneficiaries.

When all funds are received into Trust then they may be distributed in accordance with the will or rules of intestacy after publishing a notice of intention to distribute the estate in the paper.